Deepfakes and Election Integrity

Deepfake technology is increasingly employed to influence elections by targeting candidates and officials with synthetic intimate content. These campaigns serve political goals, such as discrediting and intimidating political figures, while using NCII as a tool. Various states have enacted specific laws requiring disclosure when AI-generated content is used in political advertising. Federal election law may also apply when deepfakes are utilized as campaign tools.

How deepfakes intersect with elections

Election-cycle deepfake attacks against candidates and officials typically follow a pattern: synthetic intimate content is created and distributed shortly before key election dates; it is timed to maximize media coverage and voter exposure before the candidate can respond effectively; and it is often coordinated across multiple platforms to complicate response efforts. These attacks exploit the narrow timeframes surrounding election responses, even appropriate actions may not prevent harm if content spreads quickly.

State election deepfake laws

At least 12 states have enacted laws specifically addressing deepfakes in election contexts, including California, Texas, New York, Georgia, and Washington. Most of these laws require disclosure when AI-generated content is used in political advertising. Some prohibit AI-generated content that materially misrepresents a candidate. Violations may be pursued by state authorities.

Federal election law and deepfakes

The FEC is developing regulations for AI-generated content in federal campaign advertising. Existing federal election law may be violated when deepfakes are used as coordinated campaign expenditures or in-kind contributions to opposing campaigns. Federal authorities handle election law violations at the national level.